Section 3 AAC 305.870 - Administrative notice of violation(a) An administrative notice of violation addresses serious or repetitive violations of AS 04, 3 AAC 305, or other law relating to the manufacture and sale of alcoholic beverages that have occurred or are occurring on the licensed premises. An administrative notice of violation is issued at the discretion of the board's investigative personnel or director.(b) An administrative notice of violation must be in writing on a form approved by the board and must include (1) a description of the violation or violations;(2) a description of applicable violated statutes, regulations, or local law;(3) prior disciplinary history over the preceding five years relevant to the violation or ownership of the license, including(C) notices of violation and accusation;(D) fines subject to AS 04.21.074; and(E) criminal history of the licensee and of the licensed premises; and(4) the investigating officer's signature.(c) An administrative notice of violation may be issued as a stand-alone document or from circumstances described in an inspection report or a citation issued under 3 AAC 306.860 or AS 04.21.074. An administrative notice of violation may be issued without a prior inspection report, citation, verbal warning, or advisory notice and may include conduct identified in AS 04.11.370 as grounds for suspension or revocation of a license or permit.(d) A licensee, endorsement holder, any affiliate, or conditional contractor permittee who receives an administrative notice of violation may request an appearance before the director regarding the administrative notice of violation. The request must be made not more than 10 days after the licensee, endorsement holder, or conditional contractor permittee receives the notice. The director shall grant an appearance not more than 10 days after the request is received. A licensee, endorsement holder, affiliate, or conditional contractor permittee shall respond in writing to the notice of violation.(e) In considering whether to suspend, revoke, or renew a license, the board may review an administrative notice of violation and a licensee's response to the notice. An administrative notice of violation alone does not constitute grounds for a suspension, revocation, or refusal to renew an alcoholic beverage license; however, if the violation is proven by evidence at a hearing, the violation constitutes grounds for suspension, revocation, or refusal to renew a license.(f) An administrative notice of violation is issued at the discretion of the board's investigative personnel and becomes part of the licensee's permanent record. A notice must be in writing on a form approved by the board. The director may withdraw a notice.(g) The board's investigative personnel may issue an administrative notice of violation to any individual affiliated with a license, endorsement, or permit.(h) Nothing in this section limits the authority of the board to suspend or revoke a license, endorsement, or conditional contractor's permit on grounds stated in AS 04.11.370.Eff. 1/1/2024, Register 248, January 2024Authority:AS 04.06.010
AS 04.06.090
AS 04.06.100
AS 04.06.110
AS 04.11.370